The Ombudsman's final decision
Summary: We will not investigate this complaint about early refuse collections. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Miss X complains she and her young child are disturbed before 6.30am once or twice a week by noise from the refuse truck.
She wants the Council to ensure collections are not made before 6.30am.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Miss X.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to Miss X’s complaint, the Council says: It has directed all crews not to start collections until 6am in the area where Miss X lives.
It will continue to monitor collections in the area and will take up any breaches of the start time with the operator.
There is no legislation or government guidance which sets out the times of day when local authorities must collect refuse. It is for each local authority to decide when to start collections.
The Council says it starts refuse collections in Miss X’s area from 6am. This is a decision for the Council to make.
I can understand why Miss X is angry about this. But there is not enough evidence of fault to justify an investigation by the Ombudsman.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman